Ordinary Council Meeting Minutes

8 August 2024

 

   MINUTES OF Far North District Council
Ordinary Council Meeting
HELD AT THE
Council Chamber, Memorial Ave, Kaikohe
ON
Thursday, 8 August 2024 AT 10:05am

 

PRESENT:              Kōwhai - Deputy Mayor Kelly Stratford, Kahika - Mayor Moko Tepania (online), Cr Ann Court, Cr Hilda Halkyard-Harawira, Cr Babe Kapa, Cr Steve McNally, Cr Mate Radich (online) , Cr John Vujcich

IN ATTENDANCE: Adele Gardner (Te Hiku Community Board Chairperson), Belinda Ward (Bay of Islands-Whangaroa Community Board Chairperson), Chicky Rudkin (Kaikohe-Hokianga Community Board Chairperson), Takoha Ropati (Kaiwhakawhiti Reo - Language Interpreter), Dale Ofsofske (Principal Electoral Officer – Electoral Services),  Ben Roser (Electoral Officer – Election Services).

STAFF PRESENT: Ruben Garcia (Acting Chief Executive Officer), Nicola Smith (Acting Group Manager Community and Engagement), Kevin Johnson (Group Manager – Delivery and Operations), Jacine Warmington (Group Manager – Strategic Relationships) Marysa Maheno (Democracy Advisor), Casey Gannon (Democracy Advisor), Tanya Proctor (Head of Infrastructure Strategy), Emma Healy (Chief of Staff), Charlie Billington (Group Manager – Corporate Services), Marlema Baker (Te Kuaka Committee Coordinator), Jonathan Slavich (Chief Financial Officer), Llani Harding (Pouhautu/Manager Te Hono), Harley Alexander (Multimedia Strategy & Communications Advisor), Rebecca Rowsell (Senior Solicitor), Esther Powell (Manager - Climate Action and Resilience)(online), Imrie Dunn (Democracy Advisor)

1            Karakia Timatanga / Opening Prayer

At 10:05 am, Kōwhai/Deputy Mayor Kelly Stratford commenced the meeting and Cr Kapa followed with a karakia.

2            NGā WHAKAPāHA ME NGā PāNGA MEMA / Apologies and Declarations of Interest

Apology

Resolution  2024/101

Moved:       Kōwhai - Deputy Mayor Kelly Stratford

Seconded:  Cr Babe Kapa

That the apology received from Crs Tāmati Rākena, Penetaui Kleskovic and Felicity Foy be accepted and leave of absence granted.

Carried

 

3            ngā tono kōrero / Deputation

·         Robert Eady and Michael Feyen in regard to Fluoridation

·         Sally Atkinson in regard to non-notification for Resource Consent

·         Greg Shirras (online) Introduction of MyNoke Vermicomposting Technology as a Potential Organic Waste Management Solution for the Far North

Attachments tabled at meeting

1     Fluoridation - Deputation Attachment document number A4832332 refers.

2     MyNoke Presentation Far North document number A4832118 refers.

At 10:40 am, meeting was adjourned

 At 10:40 am, Cr Hilda Halkyard-Harawira left the meeting.

 At 10:44 am, meeting was resumed

4          Nga korero a te Kahika/ Mayoral Announcements

Kahika/Mayor acknowledged:

·         Māramataka today is Ōkoro.

·         Zooming in from Heretaunga/Hastings where the first ever Toitu te Reo Māori language festival is being held. Two plane loads were filled with Northerners invited to come and speak about the different initiatives that we have at home.

5            Te Whakaaetanga o Ngā Meneti o Mua / Confirmation of Previous Minutes

5.1         Confirmation of Previous Minutes

Agenda item 5.1 document number A4788209, pages 6 - 14 refers.

Resolution  2024/102

Moved:       Cr John Vujcich

Seconded:  Cr Babe Kapa

That Council confirm the minutes of the Council meeting held 11 July 2024 as a true and correct record.

Carried

At 10:45 am, Cr Hilda Halkyard-Harawira returned to the meeting.

7            Ngā Pūrongo Taipitopito / Information Reports

7.1         Community Board Minutes - July 2024

Agenda item 7.1 document number A4788880, pages 199 - 215 refers.

Resolution  2024/103

Moved:       Cr John Vujcich

Seconded:  Kōwhai - Deputy Mayor Kelly Stratford

That Council note the following Community Board minutes:

·    16 July 2024 Te Hiku Community Board;

·    18 July 2024 Bay of Islands-Whangaroa Community Board; and

·    19 July 2024 Kaikohe-Hokianga Community Board

Carried

 

6            Ngā Pūrongo / Reports

6.1         Representation Review 2024 - Arotake Whakaahuatanga Tangata 2024 - Final Proposal

Agenda item 6.1 document number A4774682, pages 15 - 54 refers.

Resolution  2024/104

Moved:       Kahika - Mayor Moko Tepania

Seconded:  Cr Hilda Halkyard-Harawira

That the Far North District Council, in accordance with sections 19H and 19J and clauses 1 and 2 of Schedule 1A of the Local Electoral Act 2001, adopt the following as its final proposal for the review of representation arrangements for at least the 2025 triennial local elections:

a)      the Far North District Council to comprise the Mayor elected at large and 10 councillors elected under the ward system, specifically 6 general ward councillors and 4 Māori ward councillors.

 

b)      the Far North District Council be divided into 4 wards, these being:

 

i)    Kaikohe-Hokianga General Ward (represented by 1 general ward councillor), comprising the area in the current Kaikohe-Hokianga General Ward map as shown on Attachment 1.

 

ii)   Te Hiku General Ward (represented by 2 general ward councillors), comprising the area in the current Te Hiku General Ward map as shown on Attachment 1.

 

iii)  Bay of Islands-Whangaroa General Ward (represented by 3 general ward councillors), comprising the area in the current Bay of Islands-Whangaroa General Ward map as shown on Attachment 1.

 

iv)  Ngā Tai o Tokerau Māori Ward (represented by 4 Māori ward councillors), comprising the whole of the district in the Ngā Tai o Tokerau Māori Ward map as shown on Attachment 2.

 

The three general wards, the number of general ward councillors per ward, the ward populations (estimated at 30 June 2023) and the population ratio per general ward councillor are as follows:

 

General Wards

Ward

Population

Number of councillors

Population per councillor

Difference from quota

% Difference from quota

Te Hiku General Ward

13,900

2

6,950

-1,127

-13.95%

Bay of Islands-Whangaroa General Ward

26,500

3

8,833

757

9.37%

Kaikohe-Hokianga General Ward

8,060

1

8,060

-17

-0.21%

Total

48,460

6

8,077

 

 

 

c)      In accordance with section 19V(2) of the Local Electoral Act 2001, the population that each general ward councillor represents must be within the population range of 8,077 +/- 10% (7,269 – 8,884) unless particular community of interest considerations justify otherwise. The representation of Te Hiku General Ward falls outside of the stipulated range – to comply would limit the effective representation of communities of interest by either splitting communities of interest or uniting communities with few commonalities.

 

d)      the Far North District Council be divided into 3 subdivided communities, these being:

i)       Bay of Islands-Whangaroa Community subdivided into:

(1) Kawakawa-Moerewa Subdivision comprising the area in the proposed Kawakawa-Moerewa Subdivision map as shown on Attachment 4.

(2) Kerikeri Subdivision comprising the area in the proposed Kerikeri Subdivision map as shown on Attachment 4.

(3)  Paihia Subdivision comprising the area in the proposed Paihia Subdivision map as shown on Attachment 4.

(4)  Russell-Ōpua Subdivision comprising the area in the proposed Russell-Ōpua Subdivision map as shown on Attachment 4.

(5) Waipapa Subdivision comprising the area in the proposed Waipapa Subdivision map as shown on Attachment 4.

(6)   Whangaroa Subdivision comprising the area in the proposed Whangaroa Subdivision map as shown on Attachment 4.

being the existing community board and subdivision areas

ii)      Kaikohe-Hokianga Community subdivided into:

(1) Kaikohe Subdivision comprising the area in the proposed Kaikohe Subdivision map as shown on Attachment 4.

(2) North Hokianga Subdivision comprising the area in the proposed North Hokianga Subdivision map as shown on Attachment 4.

(3) South Hokianga Subdivision comprising the area in the proposed South Hokianga Subdivision map as shown on Attachment 4.

being the existing community board and subdivision areas.

iii)     Te Hiku Community subdivided into:

(1) Doubtless Bay Subdivision comprising the area in the proposed Doubtless Bay Subdivision map as shown on Attachment 4.

(2) Kaitāia Subdivision comprising the area in the proposed Kaitāia Subdivision map as shown on Attachment 4.

(3) North Cape Subdivision comprising the area in the proposed North Cape Subdivision map as shown on Attachment 4.

(4) Whatuwhiwhi Subdivision comprising the area in the proposed Karikari- Awanui Subdivision map as shown on Attachment 4.

being the existing community board and subdivision areas.

e)      there be 19 community board members being:

(i)         7 members elected from the Bay of Islands-Whangaroa Community Board comprising:

1)   Kawakawa-Moerewa Subdivision – 1 member

2)   Kerikeri Subdivision – 2 members

3)   Paihia Subdivision – 1 member

4)   Russell-Ōpua Subdivision – 1 member

5)   Waipapa Subdivision – 1 member

6)   Whangaroa Subdivision – 1 member

and 2 members of the Council 1 representing Bay of Islands- Whangaroa General Ward and 1 representing Ngā Tai o Tokerau Māori Ward appointed to the community board by Council.

(ii)        6 members elected from the Kaikohe-Hokianga Community Board comprising:

1)   Kaikohe Subdivision – 3 members

2)   North Hokianga Subdivision – 1 member

3)   South Hokianga Subdivision – 2 members

and 2 members of the Council representing either the Kaikohe-Hokianga General Ward or Ngā Tai o Tokerau Māori Ward appointed to the community board by Council.

(iii)       6 members elected from Te Hiku Community Board comprising:

1)   Doubtless Bay Subdivision – 1 member

2)   Kaitāia Subdivision – 3 members

3)   North Cape Subdivision – 1 member

4)   Whatuwhiwhi Subdivision – 1 member

and 2 members of the Council representing either Te Hiku General Ward or Ngā Tai o Tokerau Māori Ward appointed to the community board by Council.

The three subdivided community boards, the number of members per subdivision, the subdivision populations (estimated at 30 June 2023) and the population ratio per member are as follows:

Bay of Islands-Whangaroa Community Board

Subdivision

Population

Number of councillors

Population per councillor

Difference from quota

% Difference from quota

Whangaroa Subdivision

4,350

1

4,350

-617

-12.42

Waipapa Subdivision

5,070

1

5,070

103

2.07

Kerikeri Subdivision

10,800

2

5,400

433

8.71

Paihia Subdivision

5,320

1

5,320

353

7.10

Kawakawa-Moerewa Subdivision

5,080

1

5,080

113

2.27

Russell-Ōpua Subdivision

4,150

1

4,150

-817

-16.45

Total

34,770

7

4,967

 

 

 

In accordance with section 19V(2) of the Local Electoral Act 2001, the population that

each member of the Bay of Islands-Whangaroa Community Board represents must be within the population range of 4,967 +/- 10% (4,470 – 5,464) unless particular

community of interest considerations justify otherwise. The representation of the

Whangaroa Subdivision and the Russell-Ōpua Subdivision fall outside of the

stipulated range - to comply would limit the effective representation of communities of interest by either splitting communities of interest or uniting communities of interest with few commonalities.

 

Kaikohe-Hokianga Community Board

Subdivision

Population

Number of councillors

Population per councillor

Difference from quota

% Difference from quota

North Hokianga Subdivision

2,700

1

2,700

-90

-3.23

South Hokianga Subdivision

4,870

2

2,435

-355

-12.72

Kaikohe Subdivision

9,170

3

3,057

267

9.56

Total

16,740

6

2,790

 

 

 

In accordance with section 19V(2) of the Local Electoral Act 2001, the population that

each member of the Kaikohe-Hokianga Community Board represents must be within

the population range of 2,790 +/- 10% (2,511 – 3,069) unless particular community of

interest considerations justify otherwise. The representation of the South Hokianga

Subdivision falls outside of the stipulated range - to comply would limit the effective

representation of communities of interest by either splitting communities of interest or uniting communities of interest with few commonalities.

 

Te Hiku Community Board

Subdivision

Population

Number of councillors

Population per councillor

Difference from quota

% Difference from quota

North Cape Subdivision

3,370

1

3,370

-507

-13.07

Whatuwhiwhi Subdivision

3,880

1

3,880

3

0.09

Doubtless Bay Subdivision

4,310

1

4,310

433

11.18

Kaitāia Subdivision

11,700

3

3,900

23

0.60

Total

23,260

6

3,877

 

 

 

In accordance with section 19V(2) of the Local Electoral Act 2001, the population that

each member of Te Hiku Community Board represents must be within the

population range of 3,877 +/- 10% (3,489 – 4,264) unless particular community of

interest considerations justify otherwise. The representation of the North Cape

Subdivision and the Doubtless Bay Subdivision fall outside of the stipulated range as to comply would limit the effective representation of communities of interest by either splitting communities of interest or uniting communities of interest with few

commonalities.

 

f) authorise Electoral Officer to include minor edits to Final proposal in alignment with Local Government Commission additional requirements.

Abstained:       Cr Ann Court

carried

At 11:18 am, Cr Ann Court left the meeting.

At 11:20 am, Cr Ann Court returned to the meeting.

6.2         Northland Forward Together - Te Taitokerau Kōkiri Ngātahi

Agenda item 6.2 document number A4774936, pages 55 - 60 refers.

Resolution 2024/105

Moved:       Kōwhai - Deputy Mayor Kelly Stratford

Seconded:  Cr John Vujcich

That Council approve the Northland Forward Together – Te Taitokerau Kōkiri Ngātahi document as the local government strategic collaboration document across the Northland Councils.

Against:           Cr Ann Court

carried

 

Suspension of Standing Orders

Resolution  2024/106

Moved:       Cr John Vujcich

Seconded:  Cr Babe Kapa

That Council Standing Order 20.2 be suspended.

Carried

At 11:52 am, Cr Steve McNally left the meeting.

At 11:54 pm, Cr Steve McNally returned to the meeting.

At 11:55 am, meeting was adjourned

At 12:04 pm, meeting was resumed.

Resumption of Standing Orders

Resolution  2024/107

Moved:       Kōwhai - Deputy Mayor Kelly Stratford

Seconded:  Cr Ann Court

That Council Standing Order 20.2 be resumed.

Carried

 

6.3         Joint Delivery of Local Government Economic Development Services in Northland: Expansion to include WDC

Agenda item 6.3 document number A4780555, pages 65 - 103 refers.

Resolution 2024/108 

Moved:       Cr John Vujcich

Seconded:  Cr Ann Court

That Council:

a)   sell 10 shares in Northland Inc Limited to Whangārei District Council at a price of $2 per share and authorises the Mayor to sign the Share Sale and Purchase Agreement (Attachment One) and Share Transfer Form (Attachment Two) to execute the sale and,

b)   authorise the Mayor to sign the revised Northland Inc Limited Shareholder Agreement (Attachment Three); and

c)   adopt the updated Terms of Reference for the Joint Regional Economic Development Committee (Attachment Four).  

 

Against:           Cr Steve McNally

carried

 

6.4         Acceleration of the FOSAL Programme

Agenda item 6.4 document number A4777530, pages 104 - 106 refers.

Resolution 2024/109

Moved:       Kōwhai - Deputy Mayor Kelly Stratford

Seconded:  Cr Hilda Halkyard-Harawira

That Council approve the reallocation of funds approved under Resolution 2024/73 to $350,000 in 2024/25 and $350,000 in the 2025/26 financial year.

carried

 

6.6         New Ground Lease to Te Rarawa Rugby Club Incorporated over Rarawa Memorial Domain Recreation Reserve

Agenda item 6.6 document number A4799176, pages 136 - 142 refers.

Resolution  2024/110

Moved:       Cr Hilda Halkyard-Harawira

Seconded:  Cr John Vujcich

That Council:

a)      approve a new ground lease to Te Rarawa Rugby Club Incorporated over part of the Rarawa Memorial Domain Recreation Reserve being Section 151 Block IV Ahipara SD, approximately 40,468 square metres, held in New Zealand Gazette 1979, page 1202 and Recreation Reserve held in Record of Title 308444, being of Lot 4 DP 366836, approximately 6010 square metres.

The terms of the proposed lease shall be:

·        Term: 30 Years (15+15);

·        Rental: As per FNDC Fees and Charges Schedule for a Community Lease;

·        $118 plus GST for 2023/24 and reviewed annually in conjunction with the FNDC Fees and Charges Schedule;

b) with further conditions negotiated and agreed upon by the Group Manager Delivery and Operations, and Te Rarawa Rugby Club Incorporated.

Carried

 

6.7         2024 Local Government New Zealand Annual General Meeting Remits

Agenda item 6.7 document number A4803382, pages 143 - 298 refers.

Resolution 2024/111 

Moved:       Cr John Vujcich

Seconded:  Kōwhai - Deputy Mayor Kelly Stratford

That Council support the following remits, in order of priority:

a)     Representation Reviews

b)     Entrenchment of Māori Ward seats for local government

c)     Local government constituencies and wards should not be subject to referendum

d)     Good and services tax (GST) revenue sharing with local government

e)     Appropriate funding models for central government initiatives

f)      Community Services Card

g)     Proactive lever to mitigate the deterioration of unoccupied buildings

h)     Graduate driver licensing system

Abstained:       Cr Ann Court

    carried

At 12:45 pm, Cr Steve McNally left the meeting.

At 12:44 pm, meeting was adjourned

At 1:45 pm, meeting was resumed

 

7            Ngā Pūrongo Taipitopito / Information Reports Continued

7.2         Mayor and Councillor's Reports

Agenda item 7.2 document number A4788859, pages 216 - 240 refers.

Resolution  2024/112

Moved:       Kahika - Mayor Moko Tepania

Seconded:  Cr Babe Kapa

That Council note the reports submitted by Kahika Moko Tepania, Kōwhai Kelly Stratford, Crs Hilda Halkyard-Harawira, Tāmati Rākena and John Vujcich be received and that the tabled Member Report from Cr Babe Kapa be accepted.

Carried

Attachments tabled at meeting

1     Member Report Cr Babe Kapa document number
A4832335 refers.

 

7.3         CE's Quarterly Report - August 2024

Agenda item 7.3 document number A4800184, pages 241 - 277 refers.

Resolution  2024/113

Moved:       Cr Hilda Halkyard-Harawira

Seconded:  Cr John Vujcich

That Council receive the report CE's Quarterly Report - August 2024.

Carried

 

7.4         Council Open Resolutions Update August 2024

Agenda item 7.4 document number A4806802, pages 278 - 293 refers.

Resolution  2024/114

Moved:       Cr John Vujcich

Seconded:  Kōwhai - Deputy Mayor Kelly Stratford

That Council receive the report Council Open Resolution Update August 2024.

Carried

6        NGĀ PŪRONGO / REPORTS continued

6.5         Amendments to RMA Delegations

Agenda item 6.5 document number A4726788, pages 107 - 135 refers.

Item 6.5 Amendments to RMA Delegations has been withdrawn in accordance with Standing Order 9.9 an agenda item may be withdrawn by the Chief Executive.

In the event of an item being withdrawn the Chief Executive should inform the Chairperson.

 

8            te wāhanga tūmataiti / Public Excluded

RESOLUTION TO EXCLUDE THE PUBLIC

Resolution  2024/115

Moved:       Cr Babe Kapa

Seconded:  Cr John Vujcich

That the public be excluded from the following parts of the proceedings of this meeting.

The general subject matter of each matter to be considered while the public is excluded, the reason for passing this resolution in relation to each matter, and the specific grounds under section 48 of the Local Government Official Information and Meetings Act 1987 for the passing of this resolution are as follows:

General subject of each matter to be considered

Reason for passing this resolution in relation to each matter

Ground(s) under section 48 for the passing of this resolution

8.1 - Confirmation of Previous Minutes - Public Excluded

s7(2)(a) - the withholding of the information is necessary to protect the privacy of natural persons, including that of deceased natural persons

s7(2)(f)(i) - free and frank expression of opinions by or between or to members or officers or employees of any local authority

s7(2)(h) - the withholding of the information is necessary to enable Council to carry out, without prejudice or disadvantage, commercial activities

s7(2)(i) - the withholding of the information is necessary to enable Council to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations)

s48(1)(a)(i) - the public conduct of the relevant part of the proceedings of the meeting would be likely to result in the disclosure of information for which good reason for withholding would exist under section 6 or section 7

8.2 - Council Public Excluded Open Resolutions Update August 2024

s7(2)(f)(i) - free and frank expression of opinions by or between or to members or officers or employees of any local authority

s7(2)(g) - the withholding of the information is necessary to maintain legal professional privilege

s7(2)(i) - the withholding of the information is necessary to enable Council to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations)

s48(1)(a)(i) - the public conduct of the relevant part of the proceedings of the meeting would be likely to result in the disclosure of information for which good reason for withholding would exist under section 6 or section 7

And that the following are permitted to remain in the Public Excluded part of the meeting:

·         Community Board Chairs Adele Gardner, Belinda Ward, and Chicky Rudkin

·         Takoha Ropati Kaiwhakawhiti Reo – Language Interpreter

Carried

 

CONFIRMATION OF INFORMATION AND DECISIONS TO BE RELEASED IN PUBLIC

At the conclusion of the public exclusion Council confirmed the following decisions contained in the part of the meeting held with public excluded be restated in public meeting as follows:

14 March 2024 Council meeting Item 8.2 11 Matthews Ave (Resolution 2024/37)

That Council approve a 3 month extension to Te Hiku Basketball & Recreation Centre Trust to secure further funding to satisfy Clause 4 of the lease and therefore move forward with the lease or delay termination by:

a)      Providing proof of funding applications submitted;

b)      Proof of funding when received, specified for capital works;

c)      Provide monthly reports of funding progress

d)      Should the conditions fail to be met by June 13 2024 that the lease be automatically terminated

26 March Extraordinary Council meeting item 6.1 Solid Waste Services Contract Award (Resolution 2024/28)

That Council:

a)      uplift the Solid Waste Services Contract report left to lie on the table on 14th March 2024.

b)      note the additional information as outlined in the Solid Waste Services Contract Supplementary Information for Elected Members.

c)      approve the Supplier Recommendation Report to award the Solid Waste Services Contract to Northland Waste Limited.

d)      delegate authority to the Chief Executive Officer to sign the contract with Northland Waste Limited for the amount of REDACTED, plus contingency of REDACTED (being 0.5% of total contract value) for the contract term of 10 years commencing 1 October 2024.

e)      delegate authority to the Chief Executive Officer to approve and execute any further variations to the contract or cost fluctuations over the term of the contract.

9 May Council meeting item 8.3 Committee Public Excluded Recommendations and Resolutions – April 2024 (Resolution 2024/42)

That Council:

Te Kuaka Te Ao Māori Committee – item 7.2 Pātia o Matariki Waahi Tapu Memorandum of Understanding - Update

a)      acknowledge that the area known as Pātia o Matariki, held partly in parcels legally described as Whatuwhiwhi/Whatuwiwi 1A, 1B1C, 1B1B2 and 1B1A 2, is a wāhi tapu.

b)      commits to working with the Haititaimarangai Marae Trust, ngā hapu o Te Whānau Moana and Te Rorohuri, to advance the aspirations of the hapu in partnership with Far North District Council.

c)      confirms that members of staff from the Te Hono team will engage with the Haititaimarangai Marae Trust, ngā hapu o Te Whānau Moana and Te Rorohuri, in relation to Pātia o Matariki and commits to funding (upon provision of invoices) the actual and reasonable costs incurred by the Haititaimarangai Marae Trust in procuring a Cultural Impact Assessment (CIA) for Pātia o Matariki.

d)      commits to using its best endeavours to assist the Haititaimarangai Marae Trust, ngā hapu o Te Whānau Moana and Te Rorohuri to secure ongoing protection of Pātia o Matariki, including working with the Northland Regional Council and other stakeholders to obtain funding; and

e)      direct the CE to consult with Haititaimarangai Marae 339 Trust prior to exercising any delegated authority to make decisions in relation to Pātia o Matariki and give due consideration to the views of The Trust when making any such decisions.

9            Karakia Whakamutunga / Closing Prayer

At 2:48 pm, Kōwhai Deputy Mayor Kelly Stratford closed the meeting with a karakia.

10          Meeting Close

The meeting closed at 2:48pm.

The minutes of this meeting will be confirmed at the Ordinary Council Meeting held on 12 September 2024.

 

...................................................

CHAIRPERSON